Debates and Proceedings
of the
First Constitutional Convention
of West Virginia

November 27, 1861

Prayer by Rev. David E. Hervey, of the Presbyterian Church.

Mr. Hall, the secretary-elect, appeared, took the oath and assumed the
duties of his office.

Minutes read and approved.

MR. LAMB: Mr. President, I understand from the Secretary that he was
mistaken yesterday in stating to the gentleman from Wood that a
copy of the rules could be furnished. Those copies are not
forthcoming and I move that we direct one hundred copies to be
printed for the use of the Convention. It is necessary also to
print rolls for the purpose of taking the ayes and noes and that
may as well be ordered at the same time.

Copy of Rules printed under this order:

RULES AND REGULATIONS OF THE CONSTITUTIONAL
CONVENTION

1. The President of the Convention shall take the chair every
day precisely at the hour to which the convention shall have
adjourned the day preceding; shall immediately call the members to
order, and on the appearance of a quorum, shall cause the journal
of the preceding day to be read for correction. He shall preserve
order and decorum; may speak to points of order in
preference to other members; rising from his seat for that purpose;
shall decide questions of order, subject to an appeal to the
Convention; shall daily examine and correct the journal before it
is read; shall have a general direction of the hall; may call any
member to the chair to perform its functions not exceeding one day;
shall set apart seats in the hall for the members of the general
assembly, and of the executive of this State, for the judges of
this State and of the United States; and for such other persons as
he may think proper to invite within the hall; for any disturbance
of disorder amongst spectators in the hall or gallery, he or the
chairman of the committee of the whole, (as the case may be) shall
have power to order the same to be cleared; he shall appoint all
committees not otherwise ordered; shall promptly call members to
order for transgressing the rules; and when two members rise at the
same time to address the Chair; shall name the one who is to speak,
taking care however always to allow a member who rises and
addresses the Chair first, to speak first.

2. No member shall absent himself from the service of the
Convention, unless he be sick and unable to attend.

3. A member about to speak or deliver any matter to the
Convention, shall rise from his seat, and without advancing,
shall, with due respect address, "Mr. President," confining
himself strictly to the point in debate, avoiding all personality,
and indecent and disrespectful language.

4. No member while addressing the Convention, shall call another
member by name.

5. No member shall speak more than twice to the same
question without leave, nor more than once, until every
other member intending to speak shall have spoken.

6. The rules of parliamentary practice, comprised in Jefferson's
Manual, shall govern the Convention in all cases to which they are
applicable, and consistent with the rules and orders of the
Convention.

7. The Secretary shall draw up the journals of the Convention
daily, which, after being examined and corrected by the President,
and read to the Convention, shall be printed, and one copy shall be
delivered to him and one to each member without delay. He shall not
suffer any member, or other person, to take any records or papers
from his table, or out of his custody.

8. A question being once determined, must stand as the judgment
of the Convention, and shall not again be drawn into debate.

9. While the President is reporting or putting a question, none
shall entertain private discourse, read, stand up, walk into, or
out of the house; and when a motion to lay on the table is made,
there shall be no debate upon that, or any incidental question
arising out of it, including as appeal.

10. No member shall vote upon any question touching his own
conduct or privilege as a member, nor in any other case, where he
was not in the hall, when the question was put, either in the house
or committee of the whole.

II. A majority of the members of the Convention shall be
necessary to transact business, and every question shall be
determined according to the vote of the majority of the members
present. Any smaller number shall be sufficient to adjourn, and
fifteen to call a house, and send for the absent, and make any
order for their censure or discharge.

12. A majority of any committee shall be necessary to transact
business.

13. Any person who shall tamper with any witness in respect to
his evidence to be given in this Convention, or before any of its
committees, or who shall directly or indirectly attempt to deter or
hinder any person from appearing, or giving evidence, shall be
deemed to have committed a high crime, and shall be punished
accordingly.

14. No person shall be taken into custody by the sergeant-
at-arms on any complaint of a breach of privilege, until the matter
of such complaint shall be examined by a committee and reported to
the house.

15. The sergeant's fees shall be as follows: for taking a person
into custody two dollars; for every day detained in custody two
dollars; for sending a messenger to take any person in custody by
warrant from the President, eight cents per mile for going and the
same for returning.

16. On a call of the house, the doors shall not be shut against
any member until his name is once called and noted as an
absentee.

17. When any member shall remain in his seat two days after
leave of absence, such leave shall be void.

18. No business shall be introduced, taken up, or considered,
after 12 o'clock, until the orders of the day shall be disposed of,
except that an order of the day commenced may continue from day to
day until finished, to the exclusion of other orders.

19. Any member (seven others concurring) shall have a right to
demand the ayes and noes upon any question, at any time before it
be put, and in such case, the names of the members shall be called
by the secretary, and the ayes and noes entered respectively on the
journal; and the question decided as a majority of votes shall
thereupon appear. But after the ayes and noes are separately taken,
and before they are counted and entered on the journal, the
Secretary shall read over the names of those who voted in the
affirmative, and those who voted in the negative, in order that any
mistake in the listing of names and votes may be corrected.

20. The petitioner who contests the election of a member
returned to serve in this Convention, shall receive his wages only
from the day on which he is declared duly elected.

21. Select committees shall be composed of not less than five
nor more than thirteen.

22. In elections, but one vacancy shall be filled at a time, and
if, in any election, no person receive a majority of the whole vote
upon the first ballot, the person having the smallest number of
votes shall not be voted for upon the next ballot, and so on each
succeeding ballot, until some person shall have a majority of the
whole.

23. In all votes of the house, except by ayes and noes, the
President may, and at the instance of any member shall, cause the
house to be divided; and if upon the rising of the members in the
affirmative, a doubt still exists with the President or any member,
on which side the majority is, the members in the affirmative shall
first be counted, and then those in the negative, either by the
President, or at his request by two members of opposite opinions
upon the question.

24. The documents ordered to be printed by the Convention shall
be printed on paper of the same size of the journals of the
Convention, and a copy shall be bound with each journal, to be
furnished to the members at the end of the session; and it shall be
the duty of the printer of the house to print one hundred
additional copies of each document for the use of the
Commonwealth.

25. No committee shall sit during the sessions of the Convention
without special leave.

26. If any member, while speaking, transgress the rules of the
Convention, the President shall, or any member may, call to order;
and the member so called to order shall immediately sit down,
unless permitted to explain, and the Convention shall, if appealed
to, decide on the case, but without debate. If there be no appeal,
the decision of the Chair shall be submitted to; if the decision be
in favor of the member, he shall proceed - if against him, he shall
not proceed; if any other member object, without leave of the
Convention; and if the case require it, he shall be liable to the
censure of the Convention.

27. If a member be called to order for words spoken in debate,
the member calling him to order, shall repeat the words excepted
to, and they shall be taken down in writing by the Secretary; and
no member shall be held to answer, or be subject to the censure of
the Convention for words spoken in debate, if any other member has
spoken, or other business has intervened, before exception to them
shall have been taken.

28. While a member is speaking, none shall entertain private
discourse, or shall otherwise disturb him, or pass between him and
the Chair.

29. Every member shall remain uncovered during the sessions of
the Convention; and no member shall remain by the Secretary's table
while the ayes and noes are calling, or while the Convention is
voting, or the Secretary calling or counting the votes, in any
election.

30. Every member who shall be in the house when a question is
put shall vote, unless excused; and all motions to excuse, in such
cases, shall be made before the house divides, or before the call
for the ayes and noes is commenced; and any member requesting to be
excused from voting, may make a brief verbal statement of his
reasons, and the question shall then be taken without further
debate.

31. Every motion shall be reduced to writing, if the speaker or
any member desires it.

32. When a question is under debate, no motion shall be received
but to adjourn, for the previous question, to lie on the table, to
postpone indefinitely, to adjourn the question to a different day
to commit, or amend; which several motions shall have precedence in
the order in which they are arranged.

33. On a motion or call for the previous question there shall be
no debate, but unless sustained by twenty members, indicated by
rising, the President shall not put it to the vote, but if so
sustained, the previous question shall be put immediately; and all
incidental questions of order arising after a motion is made for
the previous question, and pending the motion, shall be decided,
whether an appeal or otherwise, without debate.

34. Any member may call for the division of a question, and it
shall be, thereupon, divided, if it comprehend propositions in
substance so distinct that one thing taken away, a substantive
proposition shall remain for the decision of the house - but a
motion to strike out being lost, shall not preclude a motion to
strike out and insert.

35. When the Convention is about to rise, every member shall
keep his seat until the President shall have announced the
adjournment.

The following resolutions were adopted by the Convention on the
26th day of November, 1861, and are added to the foregoing for the
convenience of the members:

RESOLVED, That all resolutions and propositions containing, or
relating to, provisions to be inserted in the Constitution shall be
referred to the appropriate standing committee without debate, and
be printed for the use of the Convention.

RESOLVED, That every report made by a standing committee shall,
in its turn, be considered, and be open to amendment, section by
section, but the vote on the passage of any section or clause shall
not be final. The question shall recur on the passage or adoption
of the whole report as amended, and motions to strike out and to
insert shall be in order.

E. R. HALL, Secretary.

The motion was agreed to.

MR. VAN WINKLE from the Committee to Report on Order of
Business, presented the following:

The committee appointed "to report the best method of bringing
before the Convention such provisions to be inserted in the
Constitution as may be proposed," respectfully recommend the
adoption of the following resolutions:

RESOLVED, That the President appoint the following standing
committees, each of which shall choose its own chairman:

1. A Committee on Fundamental and General Provisions, to consist
of nine members, who shall consider and report suitable provisions
to be inserted in the Constitution, to give the government it
creates a free and republican character; to protect minorities, and
to secure popular rights, including provisions, relating to
suffrage and the basis of representation.

2. A Committee on County Organization, to consist of seven
members, who shall consider and report suitable provisions for the
administration of the local affairs of the several counties, the
proper officers for each, their terms of service, and the mode and
time of their election and appointment.

3. A Committee on the Legislative Department, to consist of
seven members, who shall consider and report the proper numbers of
representatives in each branch of the general assembly, the
principles on which representation shall be apportioned, and a
present apportionment thereof, and such other provisions as are
necessary to constitute the said department; and also a proper mode
of apportioning representation in the House of Representatives of
the United States, and an apportionment of the same under the
census of 1860.

4. A Committee on the Executive Department, to consist of seven
members, who shall consider and report such provisions as are
necessary to constitute the said department.

5. A Committee on the Judiciary Department, to consist of seven
members, who shall consider and report such provisions as are
necessary to constitute the said department, including those
relating to the judicial powers and jurisdiction of justices of the
peace.

6. A Committee on Taxation and Finance, to consist of seven
members, who shall consider and report suitable provisions on those
subjects, and in reference to the assumption by the proposed new
State of an equitable proportion of the debt of the State of
Virginia, and what provision can and should be made for the payment
of such proportion.

7. A Committee on Education, to consist of seven members, who
shall consider and report suitable provisions in relation to that
subject.

8. A Committee, to consist of seven members, to prepare a
schedule to accompany the Constitution, providing for putting the
same in operation, and containing such other suitable provisions as
circumstances may require.

RESOLVED, That all resolutions and propositions containing, or
relating to, provisions to be inserted in the Constitution, shall
be referred to the appropriate standing committee without debate,
and be printed for the use of the Convention.

RESOLVED, That every report made by a standing committee shall,
in its turn, be considered and be open to amendment, section by
section, but the vote on the passage of any section or clause shall
not be final. The question shall recur on the passage or adoption
of the whole report as amended, and motions to strike out and to
insert shall be in order.

By order of the committee.

P. G. VAN WINKLE, Chairman.

MR. VAN WINKLE. Under ordinary circumstances, the motion
would be, I suppose, to lay on the table and print; but when the
Convention consider that until a report is had from one of these
committees there can be no profitable business done here, instead
of moving that this report be laid on the table and printed; I move
that it now be considered, section by section. I think that members
can thus distinctly understand each proposition; and they can move
such amendments as they may see fit. It will be observed, of
course, that this committee does not undertake to indicate what
shall be in the Constitution in any instance whatever. It indicated
the subjects which are absolutely necessary to be considered and
fixed in that instrument. It has named some other subjects. It is,
however, open to amendment if any gentleman sees fit to do so.

I move therefore, sir, that the report be taken up and
considered, section by section.

The motion to consider the report was concurred in, and the
Secretary proceeded with the reading. The sections were adopted
seriatim to the eighth, inclusive; and the ninth was read.

MR. PAXTON. I would move to amend that by striking out
the words "without debate." The Convention, of course, will have
nothing before it until some of these committees are prepared to
report; and I cannot see, therefore, why any proposition should not
be open to discussion in the meantime. It occurs to me the
amendment would be judicious.

MR. VAN WINKLE. Mr. President, the effect of the
gentleman's motion, if carried, will be to have two debates on
every subject that comes up. This is to facilitate business, and
prevent unnecessary debate. A gentleman is desirous to have some
sort of provision in the Constitution. He offers that provision; it
is printed and distributed among the members, and referred to the
committee having the subject in charge. The committee consider it,
and if they approve it they will embody it in their report; if they
do not approve it, the original proposer or any other gentleman may
move its insertion. Then is the proper time for debate upon it. But
if instead of that whenever a gentleman offers a proposition here,
there is to be debate, it can only be on the question of reference.
You cannot pass isolated propositions. This report, if adopted,
signifies the mode in which business shall be done. The whole
business in reference to the Constitution will be distributed to
the committees. What question else could you make of it except to
refer? Will a gentleman get up here and make a proposition and move
that it shall be inserted in the Constitution without reference to
any other proposition? As I said in the beginning it will
anticipate two debates upon every proposition that comes up. Let
for example, the legislative department be perfected by the
committee and come up. If they have not inserted such propositions
as any gentleman thinks ought to be, he can move their insertion;
and that brings on the debate at the proper time. Certainly that is
a more natural order of business, and will certainly save a good
deal of time.

I trust the amendment will not prevail.

MR. WILLEY. I hope the remarks of the gentleman from Wood
will prove entirely satisfactory to the Convention. If we get up
rambling debate without reference to final action, we will go very
far beyond the limits which the convention seem to have assigned to
the session of this body, and will have accomplished nothing by it
in the end. Because these identical questions will have to be
discussed again when they come up for final action. It has been
deemed very material that we should consummate our work with as
much expedition as possible. Now, sir, we will not get away for two
months unless some such proposition as this is adopted. If we are
to discuss questions which have to be discussed again, we shall not
get away for two months. Besides, I would suggest to my friend from
the county of Ohio, in answer to his remark that this body will
have nothing to do till the committees report, that this body
consists of about forty members; that there are seven committees,
one composed of nine and all the rest of seven each; and that to
constitute these committees, we will have to detail all the
members; and that every member will be engaged until some report
comes in for our action.

MR. PAXTON. I withdraw the amendment, after the
explanation.

The section was adopted.

The Secretary reported the tenth and last.

MR. VAN WINKLE. I wish to explain that the committee had
in consideration two modes of doing business. One was that of going
into committee of the whole, to which there is serious objection.
It produces delay. The convention that met here in June did not go
into committee of the whole, but had a provision something like
this introduced here. The objection to the committee of the whole
is that where a long article is to be passed and an amendment is
made to a section of it, it necessitates going back and making an
amendment in the preceding part of it. This proposes to have all
the benefits of the committee of the whole without its
inconveniences and disadvantages. Say the committee on the
legislative department makes its report. It will of course
constitute an article in the Constitution and be divided into
convenient sections according to the subjects. They will be taken
up; each section will (be) considered and amended until it is, to
use a common expression, amended into shape. A second will then be
taken up and proceeded with in the same way, and so on till the
article is completed. Then we may find that the adoption of certain
amendments in the latter part necessitate some change in the first,
and this can be made before the article is adopted as a whole. Also
it gives this advantage: that even the opponents of a section will
be willing that the friends of its adoption should perfect it by
amending in such way as they may think best. Then, when the whole
article has been gone over this way, and the question comes up,
shall the whole pass? any gentleman is at liberty, as he would not
have been before, to move to strike out any section or clause, or
move to insert any, that he may think ought to be in. In that way,
sir, I think every advantage that is derived from a committee of
the whole will be realized; that it will be a sufficiently
deliberate way; that it will expediate the business and enable us
to express the sense of the Convention without difficulty or
misunderstanding.

The report was adopted.

MR. STEVENSON of Wood. I desire to offer the following
resolution :

RESOLVED, That a Committee on Printing and Expenditures, to
consist of three members, be appointed, who shall arrange for all
printing directed by the Convention, at rates not greater than
those authorized by the general assembly at their late session, and
shall audit all claims and bills against the Convention and certify
the same for payment.

The resolution was adopted.

MR. VAN WINKLE. Tomorrow is a thanksgiving day, appointed
by the authority of the State, and no doubt every member would wish
to observe it. I would therefore move that when this Convention
adjourn today it will adjourn to meet again on Friday morning at
the usual hour.

The motion was agreed to.

MR. VAN WINKLE. I made that motion, sir, preparatory to
making the remark that it will require some time for the President
to appoint these committees and he will perhaps need the assistance
of some of the members in doing it. I was going to move, then, that
the Convention should take a recess until afternoon to give the
President an opportunity of making up these committees. And I would
say that I believe it is considered entirely proper for any member
of the Convention who wishes to be appointed on a certain committee
to indicate that fact to the President.

I will, therefore, move that we take a recess until five
o'clock.

MR. STEVENSON of Wood. I would suggest that I think four
o'clock would suit the members better. I do not know how it is with
the others, some of us take supper at half-past five. I am willing
to forego mine, though, if the rest are.

MR. VAN WINKLE. I will accept the amendment for the sake
of the gentleman's supper (Laughter).

MR. LAMB. It is a serious task, and the President ought
to have plenty of time.

MR. STEVENSON of Wood. It would probably suit the
gentleman from Wood better at seven and then we can both get our
suppers (Laughter).

MR. VAN WINKLE. I protest that I am entirely serious with
regard to gentlemen getting their suppers - and my own too. I will
alter the motion to make it half-past four.

The motion was agreed to.

FOUR-THIRTY O'CLOCK, P. M.

The President announced the following standing committees raised
under the resolution hitherto adopted:

MR. VAN WINKLE. It is understood, I presume, that the
gentlemen first named on these committees will act as chairmen,
until they meet and choose chairmen themselves, according to the
provisions of the resolution.

THE PRESIDENT. That was the understanding and intention
of the Chair.

MR. VAN WINKLE. I would then ask my committee to meet on
Friday morning at nine o'clock in the room in the northwest corner
of the building. I apprehend that committee could make a partial
report Friday. At all events it will be necessary for some matters
to be acted on by it to be settled before the other committees can
progress very far. Perhaps by that time the sergeant- at-arms will
be able to procure suitable rooms for all the committees. That
committee will precede in its business some of the others and it
had better meet at once.

MR. STEVENSON of Wood. I would suggest to the Committee
on Printing to meet me here a few moments after the Convention
adjourns.

MR. SINSEL. I have prepared a little work here; which I
wish referred to the appropriate committee.

Mr. Sinsel presented the following paper which was read by the
Secretary and referred:

JUDICIARY DEPARTMENT

1. There shall be a Supreme Court of Appeals, circuit courts,
and magisterial courts. The jurisdiction of these tribunals, and of
the judges and magistrates thereof, except so far as the same is
conferred by this Constitution, shall be regulated by law.

JUDICIAL DIVISIONS

2. The State shall be divided into three divisions and eight
circuits and each county shall be divided into at least four, and
not more than eight magisterial districts.

COURT OF APPEALS

3. For each division a judge shall be elected by the voters
thereof, who shall hold his office for the term of twelve years,
unless sooner removed in the manner prescribed by this
Constitution. He shall, at the time of his election, be at least
thirty and not over fifty-six years of age, and during his
continuance in office shall reside in the division for which he was
elected. Of those first elected, one, to be designated by lot,
shall remain in office for four years only, and one other, to be
designated in like manner, shall remain in office for eight years
only.

4. The Supreme Court of Appeals shall consist of three judges so
elected, any two of whom may hold a court. It shall hold three
sessions annually of three months each, unless the business is
sooner disposed of. One session shall be at the seat of government,
one at the city of Wheeling, and one at Charleston. It shall have
appellate jurisdiction only, except in cases of habeas corpus,
mandamus and prohibition. It shall not have jurisdiction in civil
cases when the matter in controversy is less than one thousand
dollars, except in controversies concerning the title or boundaries
of land, the probate of a will, the appointment or qualification of
a personal representative, guardian, committee or curator, or the
right of a corporation or county to levy tolls or taxes, and except
in cases involving freedom, or the constitutionality of a law.

5. When a judgment or decree is reversed or affirmed by the
Supreme Court of Appeals, the reasons therefor shall be stated in
writing and preserved with the record of the case.

6. The officers of the Supreme Court of Appeals shall be
appointed by said court, or by the judges thereof in vacation.
Their duties, compensation and tenure of office shall be prescribed
by law.

CIRCUIT COURTS

7. For each circuit a judge shall be elected by the voters
thereof, who shall hold his office for the term of eight years,
unless sooner removed in the manner prescribed by this
Constitution. He shall, at the time of his election be at least
twenty-five and not over fifty-six years of age, and during his
continuance in office shall reside in the circuit of which he is
judge.

8. A circuit court shall be held at least four times a year by
the judge of each circuit, in every county of this Commonwealth
wherein a circuit court is now or may hereafter be established.
Judges may exchange circuits with each other for one or two terms.
Each term of a circuit court shall commence on Monday, and remain
in session for at least two weeks, unless the business is sooner
disposed of.

9. The voters of each county shall elect a clerk of the circuit
court for said county, whose term of office shall be four years.
His duties and compensations shall be prescribed by law.

MAGISTERIAL COURTS

10. For each district a magistrate shall be elected by the
voters thereof, who shall hold his office for the term of four
years, unless sooner removed. He shall, ex-officio, be the overseer
of the poor for his district. He shall hold a court at least once
in each month, in his district, and at the same place each time,
and have jurisdiction of all sums where the matter in controversy,
exclusive of interest and costs, does not exceed one hundred
dollars in value. He shall keep a record of all his proceedings,
and be allowed to charge the parties the same fees that clerks of
the circuit courts shall be allowed to charge for like services. He
shall reside in the district for which he was elected.

11. The parties, if they desire it, shall have the benefit of
legal counsel, and the right of appeal to the circuit court. If the
matter in controversy exceeds twenty dollars in value, exclusive of
costs, the defendant, upon giving security for costs, may have the
case certified to the circuit court for trial.

12. They shall meet semi-annually at the court house of their
county, and adjust and audit all claims against the same, keeping
the claims for the benefit of the poor in a separate book. They
shall do their own clerking, and certify the claims so allowed by
them to the circuit court of the county, which court, at its spring
term, shall order a levy for the same.

GENERAL PROVISIONS

13. Judges and magistrates shall be commissioned by the
governor, and during their term of service shall not hold any other
office or appointment, or public trust, and the acceptance thereof
shall vacate his judicial office. The salary of the judge of the
Supreme Court of Appeals shall be two thousand dollars per annum,
and that of a circuit judge shall be seventeen hundred dollars per
annum. They shall not receive any other allowance from the
State.

14. Judges, magistrates, attorneys for the Commonwealth,
surveyors, clerks of courts, sheriffs, commissioners of the revenue
and constables may be removed from office, by indictment and
conviction thereof, for malfeasance, misfeasance or gross neglect
of official duty. When an indictment is found against a judge of a
circuit court, the clerk of the court where the indictment was
found shall issue a summons to a judge of an adjoining circuit to
attend at the next term of the court and preside during the trial,
and if found guilty of either of the above named offenses, in
addition to the penalty prescribed by law for such offenses, he
shall declare his office of judge vacant. The clerk shall
immediately, if no appeal be taken, transmit a copy of said
indictment and judgment of the court to the governor of the State,
who 'shall immediately issue a writ of election, to fill the
unexpired term of such judge.

15. Judges of the Supreme Court of Appeals shall be indicted in
the circuit courts, with the right of appeal, and upon the trial of
the appeal, a circuit judge or judges shall preside with the other
judge or judges of the court of appeals, so that three judges shall
hold the court: and if found guilty of either of the above named
offenses, his punishment shall be the same as circuit judges, and
his office declared vacant and filled in like manner. When the
office of judge is declared vacant by the court of appeals, the
clerk of said court shall certify a copy of the indictment, appeal
and judgment to the governor of the State, who shall issue a writ
of election to fill the unexpired term of judge.

16. For each county an attorney for the Commonwealth shall be
elected by the voters thereof, who shall hold his office for the
term of four years. He shall, in addition to his other duties, be
counsel for the overseers of the poor of his county. He shall
receive from the State a salary, where the population does not
exceed five thousand, two hundred dollars; if the population is
five thousand and not over ten thousand, two hundred and fifty
dollars; if over ten thousand, he shall receive three hundred
dollars per annum. He may receive a fee of the persons convicted by
him, to be ascertained by law.

17. For each county a surveyor shall be elected by the voters
thereof, who shall hold his office for the term of six years. His
duties and compensations shall be prescribed by law. For each
county a sheriff shall be elected by the voters thereof, who shall
hold his office for the term of two years, and he shall not be
eligible a third time unless all of the public due shall have been
first collected and paid by him to the proper persons. His duties
and compensations shall be prescribed by law. The voters of each
district shall elect a constable for the same, whose duty and
compensation shall be prescribed by law.

18. Judges and all other officers, whether elected or appointed,
shall continue to discharge the duties of their respective offices
after their terms of service have expired, until their successors
are qualified. When a vacancy shall occur in the office of clerk of
the circuit court, such court may appoint a clerk pro
tempore, who shall discharge the duties of the office until the
vacancy is filled.

19. Writs shall run in the name of the Commonwealth of Western
Virginia, and be attested by the clerks of the several courts.
Indictments shall conclude: against the peace and dignity of the
Commonwealth.

20. The legislature shall provide for the compensation of
jurors.

MR. VAN WINKLE. I wish to offer the following:

RESOLVED, That the Committee on Printing, &c. enquire and
report as to the propriety of employing a proper person to report,
officially, the debates of the Convention, and the probable expense
thereof, and of printing the same in book form.

MR. BROWN of Preston. I have a resolution to offer, Mr.
President:

It was reported as follows and referred:

RESOLVED, That every white male citizen of the Commonwealth, who
shall have attained the age of 21 years, and who shall have resided
therein one year, and who shall have resided in the county in which
he offers to vote ten days previous to his offering to vote, and
who shall have previously paid the state or county tax with which
he was assessed the previous year, shall be entitled to the right
of suffrage in this Commonwealth.

MR. LAMB. It is very desirable that any propositions
which members may have to submit to the different committees should
be handed in at the earliest moment possible in order that they may
receive consideration. If any gentlemen have propositions prepared
I hope they will produce them this evening.

MR. STEVENSON of Wood. We are at a stand still for want
of business, I move we adjourn.

The motion was agreed to, and the Convention adjourned till
Friday at the usual hour.